Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1557 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 907 FILED ON: 1/17/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1557
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Steven S. Howitt
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to establishing an animal abuse registry.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Steven S. Howitt4th Bristol1/17/2023Bradley H. Jones, Jr.20th Middlesex1/24/2023Angelo L. D'Emilia8th Plymouth1/27/2023Michael J. Soter8th Worcester1/30/2023Carole A. Fiola6th Bristol2/7/2023Steven George Xiarhos5th Barnstable2/18/2023James K. Hawkins2nd Bristol2/23/2023Jack Patrick Lewis7th Middlesex3/7/2023 1 of 6
16	16	HOUSE DOCKET, NO. 907 FILED ON: 1/17/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1557
18	18	By Representative Howitt of Seekonk, a petition (accompanied by bill, House, No. 1557) of
19	19	Steven S. Howitt and others for legislation to establish an animal abuse registry. The Judiciary.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 1669 OF 2021-2022.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to establishing an animal abuse registry.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 272 of the General Laws, as appearing in the 2016 Official Edition,
31	31	2is hereby amended by inserting at the end thereof the following new section:-
32	32	3 Section 107. Animal Abuse Registry
33	33	4 (a) DEFINITIONS.
34	34	5 The following words as used in this chapter, unless the context otherwise requires, shall
35	35	6have the following meanings:
36	36	7 “animal abuse crime”, the commission of any crime against an animal under Chapter 272,
37	37	8Sections 77 through 81, inclusive, of the General Laws, and the comparable animal cruelty
38	38	9statutes of any other state. 2 of 6
39	39	10 “animal breeder”, any entity engaged in the practice of facilitating the reproduction of
40	40	11animals for the purpose of distributing the resulting offspring to one or more other individuals or
41	41	12entities.
42	42	13 “animal shelter”, a public animal control facility, or any other facility which is operated
43	43	14by any organization or individual for the purpose of protecting animals from cruelty, neglect, or
44	44	15abuse.
45	45	16 “convicted of”, an adjudication of guilt by any court of competent jurisdiction, whether
46	46	17upon a verdict or plea of guilty or nolo contendre.
47	47	18 “pet store”, every place or premise where birds, mammals or reptiles are kept for the
48	48	19purpose of sale at either wholesale or retail, import, export, barter, exchange or gift.
49	49	20 (b) CREATION OF AN ANIMAL ABUSE REGISTRY.
50	50	21 The Department of Criminal Justice Information Services shall establish and maintain a
51	51	22central computerized registry of all persons convicted of an animal abuse crime who are required
52	52	23to register pursuant to subsection (c) of this act, to be known as the Massachusetts animal abuse
53	53	24registry.
54	54	25 The registry shall be updated based on information made available to the Department of
55	55	26Criminal Justice Information Services, including information acquired pursuant to the
56	56	27registration provisions of subsection (c).
57	57	28 The registry shall include the following information: the offender’s name, the offender’s
58	58	29residential address, the date and a description of the crime for which registration is required, and
59	59	30a photograph of the offender’s head and shoulders from the front. 3 of 6
60	60	31 (c) REGISTRATION REQUIREMENT AND REQUIRED INFORMATION.
61	61	32 All persons eighteen (18) years of age or older, or minors who have been tried as adults,
62	62	33who reside in Massachusetts and are convicted of an animal abuse crime on or after the effective
63	63	34date of this law, shall register within ten (10) days following either the date of judgment or date
64	64	35of release from incarceration, whichever is later. Residents of other states who are convicted of
65	65	36an animal abuse crime on or after the effective date of this law, who subsequently reside in
66	66	37Massachusetts, shall register within their first ten (10) days of residing in Massachusetts.
67	67	38 Each person required to register under this section shall submit to the Department of
68	68	39Criminal Justice Information Services for inclusion on the registry:
69	69	40 a. Their name;
70	70	41 b. Their residential address;
71	71	42 c. A description of the offense for which registration is required, the city or town where
72	72	43the offense occurred, the date of conviction or adjudication, and the sentence imposed; and
73	73	44 d. A photograph of their head and shoulders from the front.
74	74	45 A person required to register under this section shall update registration information to
75	75	46reflect any change in address which may occur, or if no change in address occurs, annually from
76	76	47the date of their first registration.
77	77	48 Registration pursuant to this section shall remain in effect for a period of five (5) years
78	78	49following either the date of judgment or date of release from incarceration, whichever is later,
79	79	50provided that such period shall be extended for additional five year periods for each conviction
80	80	51which may occur subsequent to an initial registration. 4 of 6
81	81	52 (d) FEES.
82	82	53 Every person required to register under subsection (c ) shall pay an annual fee of $50 to
83	83	54the Department of Criminal Justice Information Services. These funds shall be used to pay the
84	84	55administrative costs of maintaining the registry.
85	85	56 (e) FAILURE TO REGISTER.
86	86	57 Any person required to register under subsection (c) who knowingly: (i) fails to register;
87	87	58(ii) fails to verify registration information; (iii) fails to provide notice of a change of address; or
88	88	59(iv) knowingly provides false information shall be punished in accordance with this section.
89	89	60 a. A first conviction under this subsection shall be punished by imprisonment for not less
90	90	61than six months and not more than two and one-half years in a house of correction nor more than
91	91	62five years in a state prison or by a fine of not more than $1,000 or by both such fine and
92	92	63imprisonment.
93	93	64 b. A second and subsequent conviction under this subsection shall be punished by
94	94	65imprisonment in the state prison for not less than five years.
95	95	66 c. A first conviction under this subsection shall be punished by a fine of not more than
96	96	67$1,000 or imprisonment in a house of correction for not more than 10 days, or both.
97	97	68 d. A second conviction under this subsection shall be punished by a fine of not more than
98	98	69$5, 000 or imprisonment in a house of correction for not more than 2 years, or both.
99	99	70 (f) APPEALING REGISTRATION. 5 of 6
100	100	71 1. Anyone convicted of an animal abuse crime who would otherwise be required to
101	101	72register under subsection (c), may appeal to District Court for a determination of the level of
102	102	73danger posed by the offender. The department may, upon making specific written findings that
103	103	74the circumstances of the offense, in conjunction with the offender’s criminal history, do not
104	104	75indicate a risk of reoffense or a danger to the public and the reasons therefore, relieve such
105	105	76offender of any further obligation to register, and shall remove such offender’s registration
106	106	77information from the registry.
107	107	78 (g) AVAILABILITY OF REGISTRY.
108	108	79 The Department of Criminal Justice Information Services shall keep confidential and
109	109	80shall not publish the information contained in the registry, except that the information contained
110	110	81in the registry shall be made available for inspection by any animal shelter, pet store, or animal
111	111	82breeder in Massachusetts.
112	112	83 (h) REQUIREMENT TO CHECK REGISTRY.
113	113	84 All animal shelters, pet stores, and animal breeders in Massachusetts shall determine
114	114	85whether the name and address of any person seeking to purchase or adopt an animal appears on
115	115	86the registry.
116	116	87 No animal shelter, pet store, or animal breeder shall knowingly offer, sell, deliver, give or
117	117	88provide an animal to any person registered on the registry.
118	118	89 (i) PUNISHMENT FOR NOT CHECKING REGISTRY.
119	119	90 Any animal shelter, pet store, or animal breeder who violates the provisions of this act
120	120	91shall be punished by a fine of not less than $1,000 or imprisonment for a period of not more than 6 of 6
121	121	92one year for a first offense, provided that each subsequent offense shall be punishable by a fine
122	122	93of not less than $5,000 and imprisonment in a jail or house of correction for not more than five
123	123	94years.